Failure to Implement Abuse Policy and Conduct Thorough Investigation
Summary
The Administrator of the facility failed to implement the Abuse Policy effectively, leading to a deficiency in handling an incident involving a Certified Nursing Assistant (CNA) and a resident. On July 1, 2023, CNA #14 reported to a Licensed Practical Nurse (LPN) that she had grabbed the wrists of Resident Identifier (RI) #398 to prevent the resident from hitting her. However, this incident was not reported to the Administrator, and no protective measures were taken until July 6, 2023, when discolorations were noted on the resident's arms and wrists. The Administrator did not substantiate the allegation of physical abuse, despite the CNA's admission of grabbing the resident's wrists. The facility's investigation into the incident was inadequate, as it failed to determine the cause of the bruising on the resident's wrists. The investigation consisted of interviews and skin assessments but did not include a thorough examination of the events leading to the bruising. The Administrator did not document an interview with the resident, which contributed to the incomplete investigation. As a result, the facility allowed the CNA to return to work without taking appropriate corrective actions. The deficiency was cited as Immediate Jeopardy, indicating that the facility's noncompliance with federal regulations had the potential to cause serious harm to residents. The Administrator's failure to ensure the Abuse Policy was implemented and to conduct a thorough investigation of the abuse allegation had the potential to affect all residents in the facility. This deficiency was identified during the investigation of a Facility Reported Incident, highlighting the need for proper oversight and adherence to abuse prevention policies.
Removal Plan
- Educate the Nursing Home Administrator on implementing Abuse policies and procedures, reporting alleged violations, thoroughly investigating alleged incidents, and center's response to the results of the investigations.
- Emphasize the Administrator's responsibility of operationalizing policies and procedures that prohibit abuse, neglect, involuntary seclusion, injuries of unknown source, exploitation, and misappropriation of property.
- Ensure the Administrator understands his role in operationalizing and overseeing policies within the Center, specifically the Abuse Prohibition Policy.
- Administrator will lead in the investigation process, follow up with outstanding activities needed for a thorough investigation, and ensure each reportable event is taken to the QAPI committee for review.
- Train the Administrator to notify Market Clinical Lead of each occurrence and keep them abreast of the progress of the investigation and protection of the resident.
- Review the complete investigation by the Market Clinical Lead to collaborate on the thoroughness of the investigation and ensure correct determinations are made.
- Review allegations of Abuse and Neglect to ensure policies were implemented and allegations were reported and thoroughly investigated.
- Host an AD HOC Quality Assurance Performance Improvement meeting with key personnel to review the Abuse Prohibition policy and procedure.
- Review staff on resident incidents by the Center QAPI Committee to determine if correct determination was made and if appropriate corrective action has been taken.
- Interview residents regarding rough treatment from staff and complete skin assessments for any signs of abuse.
- Re-educate staff members regarding Abuse Prohibition Policy including the ability to prevent abuse, identify signs and evidence of abuse, and report abuse.
- Educate Administrator regarding conducting thorough investigations and protecting residents during the investigation.
- Instruct Administrator to review all reportable events with Market Clinical Lead prior to finalizing investigation protocols.
- Educate QAPI committee regarding thoroughly reviewing all reportable events during the QAPI process for thoroughness of the investigation and appropriateness of the determination.
- Review remaining incidents that were previously unverified/unsubstantiated by the Center QAPI Committee, and review corrective actions for verified incidents.
Penalty
Resources
Below are regulatory guidelines relevant to this citation:
The NHA and DON failed to manage the facility effectively to protect a resident known to be at risk for elopement. A resident exited the assigned nursing unit unsupervised, and the report states this created an Immediate Jeopardy situation for one of fourteen residents documented as elopement risks. The NHA and DON confirmed the administrative failure during interview.
Ineffective administration led to multiple failures in fall management, staffing, nutrition, immunization education, and abuse prevention. The facility did not follow fall interventions or complete accurate fall assessments and investigations, and two residents sustained serious injuries, including rib fractures and a thoracic burst fracture after an improper transfer. The report also cites inadequate RN coverage, insufficient staffing, missed dialysis transport, inaccurate documentation, falsified bathing records, failure to provide snacks and adaptive equipment, and abuse-related issues including verbal abuse and misappropriation of resident funds and property.
Failure to Timely Report Abuse and Neglect Allegations: The facility failed to maintain an effective system for timely reporting allegations of abuse and neglect after a prior F609 citation for the same issue. Surveyors found nine late reports involving multiple residents, and staff and the administrator acknowledged ongoing difficulty tracking when reports were due, with most late reports occurring during the monitoring period after the earlier deficiency.
A resident with dementia and wandering tendencies was not protected from elopement after staff failed to follow instructions to place a Wander Guard and move him to the Secured Memory Unit. The resident was seen in the lobby, later could not be located, and was found miles from the facility after leaving unsupervised; the front entry door also lacked an operational Wander Guard system.
Failure to Ensure Supervision and Elopement Prevention: The facility failed to consistently supervise and maintain safety interventions to prevent elopement for residents. Review of records, job descriptions, and staff interviews showed the NHA and DON did not effectively manage the facility to ensure proper supervision and elopement prevention interventions were implemented, and they failed to fulfill their essential duties to ensure federal and state guidelines and regulations were followed.
Unqualified Social Service Director Hired: The facility failed to ensure the Social Service Director met the stated qualification of a bachelor's degree and 1 year of social services experience. The Administrator stated the current SSD was still in school and had not completed her degree, while a behavioral health director with a degree only helped with social services at times and was not the SSD. The job description and facility policy did not align with current regulatory requirements, and the facility census was 182 residents.
Failure to Protect a Known Elopement Risk
Penalty
Summary
The Nursing Home Administrator (NHA) and Director of Nursing (DON) failed to effectively manage the facility to protect residents from elopement. Review of the facility’s job descriptions showed that the NHA was responsible for supervising department heads, ensuring compliance with regulatory guidelines, and reviewing complaints and trends, while the DON was responsible for directing nursing services, coordinating care, overseeing staffing, and investigating and reporting incidents and complaints. Despite these responsibilities, the facility failed to prevent and protect residents from exiting their assigned nursing unit unsupervised. The deficiency involved Resident R1, who was documented as an elopement risk. Survey findings showed that R1 exited the resident’s assigned nursing unit without supervision. During an interview, the NHA and current DON confirmed that facility administration failed to effectively manage the facility to protect residents from elopement. The report states that this failure created an Immediate Jeopardy situation for one of fourteen residents documented as elopement risks.
Ineffective Administration Affecting Falls, Staffing, Nutrition, Immunizations, and Abuse Prevention
Penalty
Summary
The facility failed to administer operations in a manner that used resources effectively and efficiently, with ineffective administration affecting multiple residents across several care areas. The report states that the facility did not maintain effective systems for fall prevention and accident hazard control, including failure to follow fall interventions and the smoking policy, and failure to complete accurate fall assessments, investigations, and care plans. These issues affected Residents #6, #9, #24, #56, #113, and #115, and the report notes actual harm to Resident #56, who sustained multiple right and left rib fractures, a hematoma to the right chest wall, bruising across the breasts, right flank, back, both arms, both sides of the ribs, and both legs, with no actual determination of the cause of injuries. The report also describes a serious injury to Resident #113 after a fall from bed, when staff inappropriately transferred the resident and she was thrown onto the bed. The resident sustained a thoracic burst fracture and multiple ecchymoses on both hands, wrists, forearms, and upper extremities. In addition, Residents #6, #9, #24, and #115 had falls with inadequate investigations, incomplete documentation, updated care plans, and inaccurate assessments. The facility also failed to provide effective dietary services by not ensuring substantial snacks for the secured memory care unit, honoring food preferences, and providing needed adaptive equipment, affecting Residents #29, #49, #80, #83, #86, #96, and #99. Other findings included inadequate nursing services and staffing, with no RN coverage at least eight hours daily and insufficient staffing to meet resident needs, affecting Residents #6, #12, #13, #16, #39, #40, #45, #88, #93, #99, and #110. The report states that nursing staff did not implement care-planned interventions for Resident #45, did not follow discharge instructions or provide timely incontinence care for Resident #13, did not ensure dialysis transport for Resident #106, did not accurately document advance directives for Resident #93, and did not accurately transcribe a physician order that led to a significant medication error for Resident #88; it also states that bathing documentation for Resident #88 was falsified. Additional deficiencies involved an ineffective immunization program for Residents #9, #24, #32, and #72, and failures in abuse, neglect, misappropriation, and exploitation prevention, including verbal abuse toward Resident #93, misappropriated funds from Resident #61, misappropriated personal property from Resident #117, unnecessary medications for Residents #25 and #30, and delayed abuse reporting and investigations for Residents #56, #82, #93, and #117.
Failure to Timely Report Abuse and Neglect Allegations
Penalty
Summary
The facility failed to ensure an effective system for timely reporting allegations of abuse and neglect after a previous F609 deficiency for the same concern. Based on interview and record review, the facility continued to submit late reports for allegations involving 9 of 19 residents, identified as residents 4, 5, 9, 10, 11, 12, 13, 14, and 16. The report states that the late reporting placed residents at risk for delays in notification, investigation, protection, and response following allegations of abuse or neglect. A prior F609 deficiency dated 1/29/26 showed the facility had already been cited for late reporting of allegations of neglect and abuse for three residents. During an interview on 7/29/26, staff member A stated, "I'm still learning . there's been a lot going on here ." The administrator also stated, ". I need to develop a system, so I know when they are due." The current complaint investigation found that the facility administrator and staff continued to report allegations throughout the plan of correction monitoring period, and eight of the nine late reports occurred between 2/22/26 and 5/22/26.
Failure to Protect Resident from Elopement
Penalty
Summary
The facility administration failed to manage the facility in a manner that protected residents and safeguarded them from elopement. The Administrator and DON job descriptions stated they were responsible for directing and overseeing facility operations in accordance with federal, state, and local regulations, but the facility was aware that the front entry door did not have an operational Wander Guard system and corrective measures were not implemented. The report identified this as an Immediate Jeopardy related to F689 and F835, with the noncompliance beginning on July 16, 2026. Resident 1 was admitted with a dementia diagnosis and an elopement assessment was completed on admission, with staff noting wandering tendencies and that the resident was suitable for the Secured Memory Unit. On July 16, 2026, the resident was seen in his room at 3:30 AM, then in the front lobby at 4:30 AM, and was later unable to be located at 5:45 AM. The elopement protocol was initiated at 6:10 AM, and the resident was found about one hour later three miles from the facility. The Administrator stated the resident had been instructed to be placed on a Wander Guard device and moved to the Secured Memory Unit, but those instructions were not followed. The receptionist also stated she did not recognize the resident as a resident and thought he was a visitor.
Failure to Ensure Supervision and Elopement Prevention
Penalty
Summary
The facility failed to consistently supervise and maintain safety interventions to prevent elopement for residents. Based on review of facility records and job descriptions, and staff interviews, the Nursing Home Administrator (NHA) and the Director of Nursing (DON) did not effectively manage the facility to ensure proper supervision and elopement prevention interventions were implemented. The NHA job description stated that the NHA directs the overall operations of the care community in accordance with current local, state, and federal regulations to ensure the highest level of quality care is provided to each resident, and the DON job description stated that the DON manages and directs resident care within the nursing department to maintain resident standards of care and ensure each resident functions at his/her highest level. The report states that the NHA and DON failed to fulfill their essential job duties to ensure federal and state guidelines and regulations were followed.
Unqualified Social Service Director Hired
Penalty
Summary
The facility failed to administer the facility by failing to ensure a qualified individual was hired as the social service director. During interview, the Administrator stated the requirement for the social services director was a minimum of a bachelor's degree and 1 year of experience in social services, and stated that the current Social Service Director, V4, was still in school and had not completed her bachelor's degree. The Administrator also stated she did the hiring and hired V4 in collaboration with the facility consultant. The Administrator further stated that a behavioral health director helped with social services at times, but that person had a degree and was not the social service director. The facility's Social Service Director job description listed qualifications of a high school diploma or GED and knowledge of federal and state LTC social service regulations, and the facility policy did not align with current regulatory requirements for the position. The Facility Assessment Tool dated 7/13/26 identified a Social Service Director as a needed resource, and the staffing plan included one social service director, one social service designee, and one behavioral health director. The Facility Data Sheet dated 7/24/26 showed a census of 182 residents.
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